Litigation and Dispute Resolution

The house always wins

A roll of the dice in the High Court came up trumps for Crown in the decision of Crown Melbourne Limited v Cosmopolitan Hotel (Vic) Pty Ltd HCA 26. Background Two Crown restaurant tenants entered negotiations to renew their leases in early 2005. A condition of the lease, signed in November 2005, was that the …

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Tweeting from the grave – Who can deal with your digital assets when you die?

Of the seven billion people in the world, 1.51 billion people have a Facebook account, 310 million use twitter, and 100 million people use Instagram every month. The ever increasing popularity of technology and its usage across every generation young and old has raised the question as to what happens to your digital assets when …

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Planning Permit holder timed out in recent VCAT red dot decision

Red Dot Planning Decision Review – Moorabool Shire Council v Ethanwray Developments Pty Ltd (2016) Beck Legal recently represented Moorabool Shire Council in the recent VCAT red dot decision of Moorabool Shire Council v Ethanwray Developments Pty Ltd .  Red dot decisions are significant decisions made by VCAT in the Planning and Environment List, which …

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Deal or no deal? What are the obligations in good faith bargaining?

Background Australia has been in our opinion relatively slow in following United Kingdom’s developments and enforcement of good faith bargaining. A recent decision in the Victorian Supreme Court North East Solution Pty Ltd –v- Masters Home Improvement Australia Pty Ltd and Woolworths Limited (2016) VSC 1 put fair and square the obligations of parties in …

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